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What is a Constructive Dismissal?

September 3, 2021 5:44 am

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If you have been forced to leave your job because of your employer’s behaviour, you may be wondering if you can take legal action. Not to be confused with dismissal and unfair dismissal, constructive dismissal means that your employer has done something that has given you no other choice but to leave your job. Normal dismissal is when you are sacked for legitimate reasons, and unfair dismissal is when you are fired without a good reason or not in accordance with the law and your contract.

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In Employment Law, the proper term for constructive dismissal is ‘wrongful repudiation of contract’, which is when your employer literally breaks their side of the deal.

Some examples of repudiatory breaches are that your employer has failed to pay you as they should; your job role has changed without a good reason; your employee tries to make you work hours that you normally wouldn’t such as at night, or on weekends and evenings; you have suffered harassment or discrimination in the workplace and the employer has done nothing about it; your employer has put your health and safety at risk; your work environment is intolerable; your employer permits discriminatory policies.

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In order to prove constructive dismissal, you must have experienced at least one serious incident or several minor incidents. Remember that if you stay in your job despite experiencing these incidents, your employer could argue, in a court of law, that you had accepted the conditions. The case is different however if your employer tries to make changes to your job without valid reasons.

If you want to learn more about how to make a Constructive Dismissal Claim and what it involves, visit the website: www.employmentlawfriend.co.uk/constructive-dismissal.

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